Is SeaWorld flushing drugs into ocean?

A longtime security guard is suing SeaWorld for wrongful termination, claiming that company officials fired him in part because he questioned why he was being asked to flush drugs seized from customers down toilets.

The allegation, which would contrast with SeaWorld’s image as a marine-conscious theme park, is contained in a workplace lawsuit filed Dec. 9 claiming that the company wrongly fired employee Ezekiel Gutierrez.

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“We don’t comment on pending litigation matters,” spokesman David Koontz said in a statement.

Koontz declined repeated follow-up requests that he explain what the theme park’s policy is for disposing of drugs seized from customers by SeaWorld security.

The issue may be symbolic more than anything, given that the Pacific Ocean has an estimated 189 quintillion gallons of water.

But materials flushed down toilets in San Diego are not always removed during the wastewater-treatment process, so traces end up in the ocean. Entire public-awareness campaigns encourage people not to flush drugs down the toilet, as a public health and environment issue.

According to the suit, when SeaWorld employees found drugs in the possession of customers, teams of two security workers were directed to flush the materials down company toilets.

“The collection and disposal of the contraband is to be reported, in writing, to defendant’s administration,” the complaint said. “Security personnel were instructed to have another employee witness the dumping in order to ensure proper disposal.”

The 22-page complaint does not state how often the dumping occurs, but attorney Joshua Gruenberg, who is representing Gutierrez, said it was done with some regularity.

“It was a fairly regular occurrence,” he said. “Certainly once a month.”

U-T Watchdog shared the allegations in the lawsuit with city officials, who are responsible for certain water quality protections. Under SeaWorld’s wastewater agreement with the city, the theme park is not permitted to discharge pharmaceuticals or other suspect materials into the sewer system, officials said.

“Many of San Diego’s largest wastewater users are subject to these pre-treatment requirements, and the action you described may be illegal if it violated this specific company’s pre-treatment requirements,” said Katie Keach, a spokeswoman for interim Mayor Todd Gloria. “The city of San Diego is very interested in any possible violations so we can best ensure compliance.”

One local environmental group said disposing of drugs through the sewer system is unhealthy.

“When flushed down the toilet, illicit and pharmaceutical drugs enter into San Diego’s sewage treatment system, which is unable to remove them from the wastewater before it’s released into the ocean,” said Travis Pritchard, a program director at San Diego Coastkeeper. “These drugs can impact marine life health. Proper disposal is the key to keeping drugs of all types out of the environment.”

In addition to the unwritten drug-disposal policy, Gutierrez claims in his lawsuit that SeaWorld rejected repeated requests for electronic-repair training even though he was required to fix broken security cameras.

Gutierrez, who worked at SeaWorld for 13 years, claims he was injured after falling from a ladder while attempting to repair a camera, then was terminated after missing work due to the injury.

“Plaintiff feared that his lack of knowledge regarding electrical and cable management issues could lead to safety hazards for defendant’s patrons, defendant’s employees and himself,” the complaint states.

The drug-flushing allegation is not the only time SeaWorld has been questioned about the impact its practices have on the water.

In 2006, SeaWorld suspended its nightly fireworks shows under threat of a lawsuit by environmental lawyer Marco Gonzalez. The displays resumed after the theme park received a special permit and agreed to a monitoring plan.